A home detention order is a sentence where the offender is put under detention in their home instead of going to prison.
The sentence is suspended so if the offender doesn’t comply they will be be sent to prison to serve the full sentence.
When making a home detention order the court will specify the premises or place where the offender must live.
A home detention order can only be made by the court where the total term of imprisonment is less than 12 months.
What someone on home detention must do
Someone on home detention order must do all of the following:
- live at the address listed on the order and remain there at all times except when they have permission to leave
- follow all reasonable directions of the probation and parole officer
- report to and receive visits from the probation and parole officer as directed
- wear an electronic monitoring device
- have regular drug and alcohol testing
- tell the probation and parole officer if they change employment within two working days
- follow all other conditions set by the court.
Someone on home detention order must not do any of the following:
- break the law while on the order
- leave the Northern Territory (NT) without the permission of their probation and parole officer
- leave the premises except as approved by their officer
- consume drugs or alcohol.
After someone is placed on home detention
After sentencing the court will give the offender a copy of their court order which will outline the conditions the offender must comply with.
The offender must go straight home to the address listed on the order and remain there.
They will need to report to the Community Corrections Office named on the order within two working days.
When the offender reports to the Community Corrections Office they will be assigned a probation and parole officer.
The officer will:
- go through the order with the offender to make sure they understand it
- explain the conditions the offender must comply with
- if the offender has to attend programs or counselling the officer will provide the details of when and where they will attend
- help the offender develop a plan to follow the conditions of their order.
If the person can’t attend
If an offender can’t attend a community work session, a program or an appointment it is their responsibility to notify their officer immediately.
The offender will be required to provide evidence such as a doctor’s certificate or letter from their employer.
Programs can help offenders make changes in their life and reduce the risk of re-offending.
Programs have been developed to provide help with gambling, drugs, alcohol, money problems or mental illness.
If the person doesn't follow the order
If an offender doesn’t follow the conditions of the order, the probation and parole officer will investigate what has happened and the offender may have to return to court to explain their actions.
If the officer tells you that you have to go back to court you should contact your lawyer. Your lawyer will explain your options and what the court might decide.
Moving within the NT
The offender will need to talk to their probation and parole officer and lawyer. If they want to move they will need to go to court to get their order varied.
The court will require a report from their probation and parole officer on the address they want to move to.
If they can't meet the obligations of the order
An offender can apply to the court at any time during the order period for the order to be
revoked and another penalty substituted.
Contact your lawyer to discuss options and make an application to the court.
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Last updated: 28 November 2017